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(영문) 서울북부지방법원 2019.09.20 2019고단2176
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 01:10 on April 27, 2019, the Defendant’s summary C in Dongdaemun-gu Seoul Dongdaemun-gu II.

At the main point, as a result of calculating the level of conduct and alcohol, the report was filed in 112, and the report was received and sent, and the police officer's legitimate performance of duties concerning the handling of the 112 reported case was obstructed by assaulting the E, such as cutting off the flaps, and shakeing the flaps to the above E while taking the flaps from the police officer affiliated with the D District Unit of the Seoul Dongdaemun Police Station D District of Seoul East-gu Police Station, who was called the E, and flapsing the E.

Summary of Evidence

1. Application of Acts and subordinate statutes to the details of investigation report by the police on the defendant's legal statement E, 112 reported cases;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act are favorable to the defendant that recognized the defendant as substitute for the crime of this case and reflects the wrongness. The crime of this case is committed by assaulting the light iron bars dispatched after receiving 112 report on the ground that the defendant was somewhat under the influence of her size, and thus obstructing the performance of official duties. In light of the circumstances and means of the crime, it is not good that the defendant committed the crime of this case, even if he had had the record of punishment for the same kind of crime, the fact that the defendant again committed the crime of this case is committed the crime of this case. In addition, the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and all the sentencing conditions that were shown in the process of the trial shall be determined

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